By Timothy S. Donahue

Top Takeaways:

• New York Assembly bill A00022 would ban retail sales of “entertainment vapor products.”
• The definition covers vape devices with Bluetooth or internet connectivity, or with features such as games, music, photos/video, or animations.
• Violations could result in civil fines of up to $100 per package sold, with an FDA authorization exemption.

A proposal in the New York State Assembly would prohibit the retail sale of certain e-cigarettes that include interactive “entertainment” features such as Bluetooth, wireless internet connectivity, built-in screens, music playback, photo or video displays, and virtual games.

The bill, A00022, sponsored by Assemblywoman Linda B. Rosenthal (D-Manhattan), would amend the state’s Public Health Law by adding a new section, § 1399-ll-1, that bars any dealer of vapor products (or its agents or employees) from selling or offering for sale at retail in New York any “entertainment vapor product.”

The legislation defines an “entertainment vapor product” as any vapor product that has Bluetooth, wireless internet, or other internet connectivity, or that provides interactive features designed to enhance the user experience — including the ability to play music, display photos or video, play virtual games, or display other animations on the device.

“These products draw users in with their features and encourage them to continue. vaping by ‘gamifying’ the experience and offering rewards to those who continue using the product,” the bill states. “Just as New York State banned vapor products that appeal to children through flavors and flashy marketing, it is time to provide the same protection against products that aim to combine vaping with the features of a video game or [smartphone].”

Under the bill, violations would be subject to civil penalties of up to $100 per package sold. The measure would take effect 30 days after becoming law, according to the legislative memo.

Rosenthal wrote in a memorandum supporting the bill that New York banned flavored e-cigarettes in 2020 and that the state should also restrict vapor products that incorporate entertainment-oriented features.

The bill also includes an exemption for vapor products that have received premarket authorization from the U.S. Food and Drug Administration under 21 U.S.C. § 387j, according to the bill text.